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ADAPT (589)
A-12 /The Houston Post/Wednesday, February 15, 1989 NATION & WORLD [Headline] Disabled hail ruling on bus access [Subheading] Court requires transit agencies to install wheelchair lifts ASSOCIATED PRESS PHILADELPHIA — Advocates for the disabled Tuesday hailed a federal court ruling requiring wheelchair lifts on new public buses, but a spokesman for transit agencies said the ruling doesn‘t address vexing problems. “We've been grappling with this for a long time," said Albert Engelken, deputy executive director of the American Public Transit Association in Washington. He said wheelchair lifts receive limited use where they exist and are an added expense to transit agencies at a time when federal subsidies are dwindling. A 3rd U.S. Circuit Court ol Appeals panel ruled 2-1 Monday that Congress has made its wishes on accessibility clear, and lift-equipped buses are part ol that mandate. The court ordered the Department of Transportation to rewrite a regulation allowing communities to offer alternative paratransit service, such as van rides. James D. Fornari, a New York City attorney for a group of veterans with spinal cord injuries, said the ruling will force transit systems to look for the most efficient means of serving disabled people. He said the ruling also could influence DOT regulations on light rail and commuter rail systems. Transportation department spokesman Bob Marx said DOT attorneys had not seen the decision and would not comment. Officials of Houston's Metropolitan Transit Authority also had not seen the decision, but MTA spokeswoman Carol Boudreaux said the authority would comply with any new regulations. Representatives of the disabled community in Houston lauded the ruling. “The disabled community is excited and we hope Alan Kiepper, manager of Houston Metro, hears this message from the courts and the disabled community. Access is a civil right," said Vicki Harris, executive director of the Center for Independent Living. Currently, Metro's MetroLift program provides scheduled curb-to-curb transportation for mentally or physically disabled persons who are unable to ride regular buses. Bob Kafka, an American Disabled for Accessible Public Transportation representative who joined Harris at a news conference, said he believed the cost of retrofitting buses with wheelchair lifts would be too costly, but said he hoped the ruling would force Metro to buy new buses with lifts. "Disabled people are part of this community, and they should have access to mainline transit," he said. Engelken said his association's board, which comprises the heads of transit agencies across the nation, believes agencies should be able to decide on a local basis how best to serve disabled people. lt costs $15,000 to equip a bus with a wheelchair lift, and buses cost about $200,000, said Joaquin Bowman, a spokesman for the Southeastern Pennsylvania Transportation Authority.
ADAPT (200)
The Handicapped Coloradan, vol.8, no.7, Boulder, CO February 1986 (This article is continued in ADAPT 198 but the entire article is included here for ease of reading.) PHOTO 1: Along a street a large line of people in wheelchairs and others move past a shady park with vendors with small umbrellas over their stands. Several of the protesters carry placards in their laps, one of which reads: A PART OF NOT APART FROM. Faces are too dark to tell who is in the line. Caption reads: In the shadow of the Alamo a wheelchair column moved along the streets of San Antonio, Texas in April 1985. Protestors were heading for the hotel headquarters for the regional convention of the American Public Transit Association. PHOTO 2: Mike Auberger, with his mustache, trimmed beard and shoulder length hair looks at the camera with his intense eyes. Wearing a light colored sweater and shirt with a collar, he sits in his wheelchair which is mostly visible because of his chest strap. Caption reads: Mike Auberger of Denver was one of some 16 Coloradans who went to Texas to protest the lack of accessible public buses. [Headline] The eyes of Texas are on outside agitators -- and a lot of folks from down the street There's never been much love lost between Coloradans and Texans, at least not since those folks from the Lone Star State first wandered into the Rocky Mountains and discovered deep powder in the winter and cool valleys in the summer. As Winnebago after Cadillac after pickup poured across Raton Pass, Coloradans greeted Texans with open cash registers and - increasingly -- ridicule. Our scorn for Texans even reached into the highest office in the state when Governor Dick Lamm greeted his Texan counterpart with this joke: A Texan died here recently and we couldn't find a coffin large enough, so we gave him an enema and buried him in a shoebox. Texans were not amused, though by now they should have come to expect such treatment. We've been squabbling ever since a detachment of Colorado militia turned back a Texas Confederate army at Glorietta Pass during the Civil War. Each summer now we give Texas a chance to even the score down near Alamosa in a rotten tomato battle. OF course we always make sure our army's bigger. That animosity, however, doesn't carry over to the disabled population of the two states. In fact, a dozen or more militant wheelchair activists from Colorado have been rolling onto the streets of several Texas cities during the past couple of years to aid their counterparts in the battle to force Texas transit systems to make their buses wheelchair-accessible. "After Colorado, Texas is out best organized state," Wade Blank, the long haired ex-preacher who helped found American Disabled for Accessible Public Transit (ADAPT) in Denver two years ago. ADAPT chapters have sprung up in several other states, notably Illinois, Maine, and Connecticut, but none have garnered as many active members as Texas. Scores of Texans have blocked buses in San Antonio, Houston, Dallas and El Paso in recent months to focus the attention of the state's media on the lack of accessible buses. Part of ADAPT's success in Texas lies in the fact that there are so few lift-equipped buses in this huge state. Some Texas cities did order accessible buses when the Carter administration's Department of Transportation ordered mandatory accessibility in the 1970s. However, most of these lifts were never used as the American Public Transit Association (APTA), a national lobbying and policy making organization for transit systems, successfully fought the regulation in federal appeals court. APTA maintains that the local transit provider is the best judge of whether or not accessibility is feasible. Adverse climatic and geographical conditions are generally cited as the chief obstacles to lifts. Texas ADAPT leaders point out that few areas in Texas experience severe winter storms and that the state's larger cities are generally laid out on flat plains. That was one of the points wheelchair activist tried to make when they picketed in April 1985 regional APTA convention in San Antonio. A sizable contingent of Coloradans joined those picket lines, leading to a charge by the local newspaper, the San Antonio Light, that the demonstration was the work of outside agitators and that most of the city's disabled population was quite happy with using paratransit. Spot demonstrations and bus seizures soon followed in other Texas cities, while some Texas ADAPT members turned outside agitators themselves by participating in demonstrations at the APTA national convention in Los Angeles in October 1985. Several Texans including Jim Parker of El Paso and Bob Kafka of Austin, were among The dozens arrested. Supporters of lifts point to cities like Seattle and Denver where most of the buses are accessible -- and increasingly free of breakdowns. Denver's Regional Transportation District (RTD) maintenance crew made a few simple changes in some of their lift systems and managed to operate experimental buses without a single breakdown. ADAPT argues that some transit providers have deliberately sabotaged their lift systems to justify removing them. Opponents of lifts argue that paratransit--usually vans that pick riders up at their residences -- is more cost effective. Supporters point to Seattle where the cost per ride on mainline buses is less than $15 a trip, which compares very favorably with the best deals offered by paratransit systems. Convenience is a major factor too, according to Mike Auberger of ADAPT-Denver, who points out that most paratransit systems require two days' advance notice and users might have to travel all day just to keep a 15 minute dental appointment. "Me, I like being able to roll down to the corner bus stop," Auberger said. ADAPT grew out of coalition of Denver disabled groups who were successful in battling RTD over wheelchair lifts. Protestors seized buses and chained themselves to railings at RTD headquarters before the battle was won. Two years ago they went national when their arch foe, APTA, held its national convention in Denver, APTA refused to allow ADAPT to present a resolution to the convention calling for mandatory accessibility until pressure was brought to bear by Denver Mayor Federico Pena, a pro-lift advocate. APTA declined, however, to vote on the issue, and ADAPT picketed the group's 1984 national convention in Washington, DC, in October. Twenty-four protestors were arrested during the demonstration, including Parker. Parker, who was joined in Washington by four other Texans, isn't through with APTA yet. When that group holds its Western Regional Convention in San Antonio April 20, Parker said they can expect almost as many demonstrators as went to Washington. "I can't think of any place in Texas where it (public transportation for the disabled) is as good as it is here in Denver -- in fact it's poor everywhere here. Dallas just decided to buy 200 or 300 new buses without lifts." The situation isn't any better in his home city of El Paso, according to Parker. "It's very poor here," he said. "There are 30 city cruisers here with lifts but the city has shown no desire to use them." Parker thinks too many people in wheelchairs are too passive. "They're not used to pushing people, but we're starting to see some changes." However, Parker points out that Texas is a very conservative state and people -- including the disabled -- are slow to change. People wishing to participate in the San Antonio demonstration should call Parker (915-564-0544) for further information. PHOTO: Two bearded, bare chested wheelchair activists (Jim Parker, and [I think] Mike Auberger) are in the foreground. Parker, his shoulder length hair tied back with a bandana, sits with his foot up on his opposite knee, hands in his fingerless gloves. The two are facing away from the camera and talking with another man who is kneeling down beside them looking up at them. Caption reads: Jim Parker (center) of ADAPT-El Paso meets with a newsman during a picket of McDonald's. Many disabled persons objected to the fast food chain's refusal to immediately retrofit all of its restaurants so that they would be accessible to wheelchair patrons. Parker is currently involved in helping organize a demonstration at the Western Regional Convention of the American Public Transit Association (APTA) in San Antonio Oct. 20 - 24 [sic].
ADAPT (196)
The Handicapped Coloradan PHOTO 1: Four police officer surround a man (Bob Kafka) in a manual wheelchair. Two are holding his arms behind his back, forcing his head and shoulders toward the ground as he is twisted in his wheelchair. Another officer is putting handcuffs on one of his wrists. Caption reads: BOB KAFAY [sic] is handcuffed from behind by police after being arrested at the Bonaventure Hotel in Los Angeles this past October. Kafay and other members of American Disabled for Public Transit were demanding mandatory accessible public transit. PHOTO 2: A woman in a power wheelchair, sits in the middle of the front of the bus, stopping it in the street. Someone is standing at the left front corner of the bus beside another person in a wheelchair [possibly Larry Ruiz]. In front of this group another wheelchair user with a lap board sits in the middle of the street. On the side of the road an officer with a radio is standing, and on the near side of the bus a woman also stands and watches. All the faces are in shadow so it is hard to tell who anyone is. Caption reads: TWO PROTESTORS managed to collar a bus during an early action In Dallas, Texas. "The laughed at us. They didn't think a handful of us could stop the buses." continued from p. 16? By January 1986 ADAPT Texas felt sure enough of itself to directly challenge transit providers in Houston and Dallas to reverse their policy on accessibility. Ironically, at one time Houston boasted more accessible mainline buses than any other city in the country. After intense lobbying by the Coalition for Barrier Free Living, the Houston Metropolitan Transit Authority (MTA) purchased 326 Grumman Flxible 870 buses equipped with EEC lifts in 1977. That represents 50 percent of the city's total bus fleet. The decision to purchase those buses came only after members of the Coalition staged a sit-in at the office of then MTA executive director Barry Goodman, who had earlier refused to meet with representatives of the group to discuss accessibility. Goodman declined to make a commitment to accessibility at the subsequent meeting. Coalition members joined forces with the American Civil Liberties Union (ACLU) in a lawsuit that would have prevented MTA from purchasing any other buses until it had agreed to provide mainline service to wheelchair users. Coalition members took to the streets and blocked buses. MTA finally gave in to their demands but, according to coalition members, once the buses were on the streets MTA did nothing to publicize the routes. As a result few disabled passengers used the lifts. The death blow to accessibility in Houston came when cracks developed in the front frames of the new buses. MTA attributed the cracks to the EEC lifts, though the same cracks appeared in other buses in other parts of the country that had not installed lifts. MTA later admitted that the lifts did not cause the cracks, but when the Grumman buses were pulled out of service, Houston chose not to replace them with lift-equipped buses. The coalition's transportation committee had by this time disbanded, and accessibility ceased to be a front-page issue in Houston until some 20 Houston ADAPT members issued a Jan. 22, 1986, press release demanding that MTA proclaim its intention to purchase only lift-equipped buses. ADAPT gave MTA until July 4 to alter its position. ADAPT charged that MTA's Advisory Committee of the Disabled and Elderly was powerless and had done nothing to promote accessibility since it was formed. "The right to move freely in Houston usurps the recommendations of any committee," the ADAPT release said. A symbolic rally was held outside MTA's headquarters on Feb. l2 — Lincoln's birthday — to protest what ADAPT called a segregated transit system that makes slaves of the city's disabled population. Symbolism was also behind ADAPT's choice of Jan. l5, l986 Martin Luther King, ]r.'s, birthday — for its showdown with the Dallas Area Rapid Transit (DART). Several of those same "outside agitators” who had irked the San Antonio Light made the 800-mile trip from Denver to participate in the demonstration. Among them was Mike Auberger, a quadriplegic community organizer for the Atlantis Community, who just may have been arrested more times than any other wheelchair activist in the movement. Auberger was not alone. Seventeen demonstrators, including several first-timers, were arrested. Denver's Kathy Vincent was among that group. Altogether the demonstrators managed to block l7 buses for more than six hours before the police stepped in and forcibly removed them from the streets. Not all the fireworks took place on the streets, however. The night before, at a regular monthly meeting of DART's executive board, ADAPT made known its intention to bring traffic to a standstill in Dallas the next day. "They laughed at us," Blank said. "They didn't think a handful of us could stop the buses." But Blank said DART's new executive director, Ted Tedesco, until recently a University of Colorado vice chancellor, knew different. “He knows what we can do. His face went white when we entered the room." At first, DART refused to hear from ADAPT. However, several ADAPT members began chanting "We will ride!", making it impossible for the DART meeting to continue. After making their presentation, several protestors showered the board with play money to symbolize the wasted tax dollars DART has put into non-accessible systems. Not all the news from Texas is bleak, however. ADAPT Austin has succeeded in winning 100 percent of off-peak hour accessibility from Capital Metro as of July 1, 1986. More than 50 percent of that city's peak hour routes will be accessible once l00 lift-equipped buses arrive this summer. Jim Parker reports that El Paso ADAPT is pushing the city to activate the 30 lift-quipped buses the system owns but has never operated. That would mean 50 percent accessible service during off-peak hours, according to Parker, who was among the first Texans to receive training from the Denver parent group. Auberger and other Coloradans had helped Parker block buses and stage a demonstration at a non-wheelchair-accessible McDonald's restaurant two years before.